AN ACT TO STATE LEGISLATIVE FINDINGS AND INTENT CONCERNING THE RIGHTS OF REAL PROPERTY OWNERS; TO AUTHORIZE AN OWNER OF REAL PROPERTY TO REQUEST FROM THE SHERIFF OF THE COUNTY IN WHICH THE REAL PROPERTY IS LOCATED THE IMMEDIATE REMOVAL OF A PERSON OR PERSONS UNLAWFULLY OCCUPYING A RESIDENTIAL DWELLING OR COMMERCIAL BUILDING LOCATED ON THE REAL PROPERTY IF CERTAIN CONDITIONS ARE MET; TO REQUIRE THE PROPERTY OWNER TO SUBMIT A DECLARATION TO THE SHERIFF OF THE COUNTY IN WHICH THE REAL PROPERTY IS LOCATED; TO REQUIRE A SHERIFF, UPON RECEIPT OF A DECLARATION, TO IMMEDIATELY SERVE A NOTICE TO VACATE ON ALL THE UNLAWFUL OCCUPANTS AND PUT THE OWNER IN POSSESSION OF THE REAL PROPERTY; TO AUTHORIZE A FEE FOR THE SHERIFF'S SERVICE OF THE NOTICE; TO AUTHORIZE THE PROPERTY OWNER TO REQUEST THE SHERIFF REMAIN AT THE REAL PROPERTY TO KEEP THE PEACE WHILE THE PROPERTY OWNER CHANGES THE LOCKS AND REMOVES THE PERSONAL PROPERTY OF THE UNLAWFUL OCCUPANTS FROM THE PREMISES TO OR NEAR THE PROPERTY LINE; TO PROVIDE CERTAIN EXEMPTIONS FROM LIABILITY FOR THE SHERIFF AND THE PROPERTY OWNER; TO AUTHORIZE A PERSON TO BRING A CIVIL CAUSE OF ACTION FOR WRONGFUL REMOVAL UNDER THIS ACT; TO PROVIDE A FORM DECLARATION; TO AMEND SECTION 97-17-67, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON WHO DETAINS, OCCUPIES OR TRESPASSES ANY REAL PROPERTY OF ANOTHER SHALL BE GUILTY OF MALICIOUS MISCHIEF; TO PROVIDE THAT ANY PERSON WHO, WITH INTENT TO DETAIN OR REMAIN, OR CAUSE ANOTHER TO DETAIN OR REMAIN UPON REAL PROPERTY, KNOWINGLY AND WILLFULLY PRESENTS TO ANOTHER PERSON A FALSE DOCUMENT PURPORTING TO BE A VALID LEASE AGREEMENT, DEED OR OTHER INSTRUMENT CONVEYING REAL PROPERTY RIGHTS SHALL BE GUILTY OF A MISDEMEANOR; TO PROVIDE THAT ANY PERSON WHO LISTS OR ADVERTISES REAL PROPERTY FOR SALE KNOWING THAT THE PURPORTED SELLER HAS NO LEGAL TITLE OR AUTHORITY TO SELL THE PROPERTY, OR LEASES THE REAL PROPERTY TO ANOTHER PERSON KNOWING THAT HE OR SHE OR THE PURPORTED LESSOR HAS NO LAWFUL OWNERSHIP IN THE PROPERTY OR LEASEHOLD INTEREST IN THE PROPERTY SHALL BE GUILTY OF A FELONY; TO AMEND SECTION 89-8-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A RESIDENTIAL PREMISES BECOMES OCCUPIED BY ANY PERSON WHO HAS NO ORAL OR WRITTEN AGREEMENT WITH THE LANDLORD AFTER A TENANT HAS VACATED FOLLOWING THE TERMINATION OR EXPIRATION OF A RENTAL AGREEMENT, THE LANDLORD MAY PROVIDE WRITTEN NOTICE TO ANY SUCH PERSONS THAT THE LANDLORD WILL COMMENCE AN EVICTION PROCEEDING; TO AMEND SECTION 89-8-35, MISSISSIPPI CODE OF 1972, TO CLARIFY A PROVISION OF THE NOTICE PROVIDED TO TENANTS IN AN EVICTION PROCEEDING RELATED TO THE TIMEFRAME FOR THE REMOVAL OF PERSONAL PROPERTY FROM THE PREMISES; TO AMEND SECTION 89-8-39, MISSISSIPPI CODE OF 1972, TO CLARIFY WHEN A WRIT OF REMOVAL SHALL BE CONSIDERED EXECUTED; TO AMEND SECTIONS 89-8-3 AND 89-8-31, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

Statutes affected:
As Introduced: 97-17-67, 89-8-17, 89-8-35, 89-8-39, 89-8-3, 89-8-31